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Product Liability
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August 14, 2025
Grindr Says Section 230 Shields It From Teen Death Suit
Dating app Grindr told a Florida federal judge Wednesday that Section 230 of the Communications Decency Act shields it from claims it negligently allowed a 16-year-old to access the platform and caused her to be matched with a 35-year-old man who is accused of murdering her.
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August 14, 2025
OptumRx Flags Email Accidentally Sent To Opioid MDL Parties
UnitedHealth subsidiary OptumRx Inc. is seeking a ban on secret communications with the Ohio federal judge overseeing sprawling national opioid litigation after the court-appointed special master accidentally sent the company an email, intended for the judge, celebrating a "gambit" that prevented objections to his decision.
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August 14, 2025
Red States Back Feds' Push To End Trump Energy Orders Suit
Republican-led states on Thursday threw their support behind the federal government's bid to dismiss a lawsuit by youths alleging that President Donald Trump's energy policy directives harm their future by exacerbating climate change, saying there are no grounds to sustain the suit.
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August 14, 2025
Ghost-Gun Seller Settles Suit Over Accidental Shooting
A maker of so-called ghost gun kits has settled a suit brought in Georgia federal court by a woman who blames the company for the severe brain injuries suffered by her son who was accidentally shot by his friend with a ghost gun.
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August 14, 2025
US Says It Can't Be Sued Over NM Burns Linked To Wildfire
The U.S. government is looking to dismiss a challenge to a prescribed burn plan that a tribe, electric cooperatives and several property owners claim led to the destruction of nearly 46,000 acres in New Mexico's Jemez Mountains, saying the decision is barred under the Federal Tort Claims Act.
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August 14, 2025
Justices Allow Mississippi's Social Media Age Verification Law
The U.S. Supreme Court said Thursday that social media giants like Facebook, X, YouTube and Reddit must comply with a Mississippi law that requires platforms to verify users' ages and obtain parental consent before minors can create accounts, while the companies challenge its constitutionality.
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August 13, 2025
Whole Foods Battles Dismissal Bids In $1M Asbestos Suit
Grocery giant Whole Foods aimed to fend off dismissal bids Wednesday from a shopping plaza owner and landlord, telling the North Carolina Business Court that it sufficiently alleged contract breaches that led to asbestos entering one of its stores.
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August 13, 2025
NYC Pot Shops Can't Revive Suit Over Marijuana Crackdown
A federal judge will not reconsider his decision to end a lawsuit filed by more than two dozen companies that claim their due process rights were violated when New York City closed some of their stores on claims they were unlicensed cannabis operations, saying they brought nothing new for the court to ponder.
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August 13, 2025
FTC Closes Antitrust Probe Of Calif. Truck Emissions Pact
The Federal Trade Commission has closed an antitrust investigation into Daimler, Volvo and other heavy-duty truck manufacturers after they swore off an agreement brokered with California regulators to abide by heightened emission standards.
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August 13, 2025
Colo. AG To Stay Enforcement Of Gas Stove Labeling Law
The Colorado Attorney General's Office agreed to stay enforcement of a recent law mandating that a health warning be placed on all gas stoves until a resolution is reached on a forthcoming request for preliminary injunction by a trade association, which claims the law is unconstitutional.
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August 13, 2025
Holster Maker Absolved In Sig Sauer Pistol Defect Suit
Holster maker Wintrode Enterprises Inc. isn't to blame for a pistol discharging without warning into a man's leg while he was sitting on his motorcycle, a North Carolina federal judge said Wednesday in granting it summary judgment.
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August 13, 2025
JPML Consolidates 11 Delta Crash Landing Suits In Minn.
The U.S. Judicial Panel on Multidistrict Litigation has consolidated 11 lawsuits against Delta Air Lines over a "violent crash" in Toronto, in which its plane caught fire after flipping upside down, in the District of Minnesota, where they may later be joined by eight additional suits.
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August 13, 2025
Gun Rights Orgs. Drop NJ Gov. From Suit Over Age Limits
Two firearm-ownership advocacy groups and a New Jersey teen seeking to invalidate prohibitions on teens buying and carrying handguns have dropped New Jersey Gov. Phil Murphy from their lawsuit, choosing to focus on other state officials and U.S. Attorney General Pam Bondi.
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August 13, 2025
Cannabis' Social Equity Efforts In Doubt After 2nd Circ. Ruling
A Second Circuit decision Tuesday, finding that the Constitution's dormant commerce clause applies to the federally illegal marijuana industry, further constricts states' ability to implement programs intended to award so-called social equity licenses favoring those harmed by past cannabis prohibition, experts told Law360.
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August 13, 2025
Suit Claims UPPAbaby Car Seats Asphyxiate Infants
A grandmother is suing the company behind UPPAbaby infant products, alleging in New Jersey federal court that three of its infant car seats are dangerously defective in their design, which seats infants in a curled-up position that can restrict their airways.
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August 13, 2025
Ill. Woman Who Lost Legs Says Boat's Design Was Defective
An Illinois woman who lost both logs in a boating accident in a popular Lake Michigan area has sued the manufacturers of the boat that struck her, alleging the vessel's lack of propeller guard and operator controls was part of a defective design.
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August 13, 2025
Kellogg's Will Nix Artificial Cereal Dyes, Texas AG Says
WK Kellogg Co. has agreed to stop using artificial food coloring in its cereals within the next couple of years, the Texas Attorney General's Office announced Wednesday.
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August 13, 2025
Berkshire Hathaway Unit Can't End RV Wiring Defect Suit
A Berkshire Hathaway-owned RV maker cannot end a class action alleging it was negligent in the wiring of its vehicles such that they are prone to fires, because a Montana federal judge found there are questions for a jury regarding whether that wiring was up to industry standards.
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August 12, 2025
Split Del. Justices Back Insurers In 3M Earplug Coverage Fight
A split Delaware Supreme Court on Tuesday upheld a lower court's finding that defense costs paid by 3M in underlying multidistrict litigation over the company's combat earplugs could not satisfy the self-insured retention of subsidiary Aearo Technologies' insurance policies.
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August 12, 2025
Judge, Terumo Attorney Spar Over 'Final Judgment' Case
A Colorado Appeals Court judge and an attorney for Terumo disagreed strongly on the interpretation of a Colorado Supreme Court ruling that could impact a now-dismissed class action against the medical equipment sterilization company in which a man alleges the district court incorrectly forbade him from filing an amended complaint.
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August 12, 2025
DOE Used Secret Group To Undermine GHG Finding: Suit
The Trump administration secretly got together a group of client skeptics to figure out how to misrepresent the data to "manufacture a basis" to knock out the "overwhelming scientific consensus" that greenhouse gases endanger people's health, two environmental groups say in a new lawsuit.
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August 12, 2025
Boeing Must Give Up 737 Max Docs In Jet Purchase Dispute
A Washington federal judge said Tuesday that Boeing must hand over a decade of internal documents about the safety of the 737 Max to Norwegian Air Shuttle subsidiaries that claim the aerospace giant duped them into a jet purchase deal.
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August 12, 2025
Vape Interests Defend Suit Against NC E-Cigarette Law
A group of vaping industry interests are fighting to keep alive their federal lawsuit that seeks to stop North Carolina's ban on many types of e-cigarettes, saying the state is interfering with the federal government's intentional approach to regulating the industry.
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August 12, 2025
Daimler, Volvo Sue Calif. To Block Emission Regulations
Daimler, Volvo and other heavy-duty truck manufacturers sued California on Monday aiming to block the state from forcing them to comply with emission regulations, following moves by the Trump administration and Congress to revoke the state's authority to impose them.
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August 12, 2025
4th Circ. Affirms Toss Of Last Claim In CSX Flooding Suit
The Fourth Circuit affirmed summary judgment Tuesday to CSX Transportation Inc. on a remaining breach of contract claim in a suit by residents and businesses of Lumberton, North Carolina, who claim CSX wrongly prevented the city from sandbagging its railroad route to prevent flooding during storms in 2016 and 2018.
Expert Analysis
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Cosmetic Co. Considerations As More States Target PFAS
In the first quarter of the year, seven states introduced or passed legislation focused on banning the sale of cosmetics that contain PFAS, making it necessary for businesses to adjust their product testing and supply chain practices, product formulations, marketing strategies, and more, say attorneys at Alston & Bird.
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Perspectives
Reading Tea Leaves In High Court's Criminal Law Decisions
The criminal justice decisions the U.S. Supreme Court will announce in the coming weeks will reveal whether last term’s fractured decision-making has continued, an important data point as the justices’ alignment seems to correlate with who benefits from a case’s outcome, says Sharon Fairley at the University of Chicago Law School.
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$38M Law Firm Settlement Highlights 'Unworthy Client' Perils
A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.
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Series
Teaching Business Law Makes Me A Better Lawyer
Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.
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Choosing A Road To Autonomous Vehicle Compliance
As autonomous vehicle manufacturers navigate the complex U.S. regulatory landscape, they may opt for different approaches to following federal, state and local rules and laws, as they balance the tradeoffs between innovation, compliance and speed of deployment, say attorneys at Sidley.
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Series
Law School's Missed Lessons: Mastering Discovery
The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.
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What New Study Means For Recycling Compliance In Calif.
Companies must review the California recycling agency's new study to understand its criteria for assessing claims of product and packaging recyclability under a law that takes effect next year, and then decide whether the risks of making such claims in the state outweigh the benefits, say attorneys at Keller & Heckman.
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Addressing PFAS Risks In Public Company Disclosures
As individual lawsuits and class actions over PFAS risks spanning multiple sectors and products increase, and rapidly evolving and often unclear regulatory initiatives on both the federal and state levels proliferate, it's more important than ever for companies to know how and when to complete PFAS-related disclosures, say attorneys at Venable.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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High Court's Ruling May Not Stop Ghost Gun Makers
In Bondi v. VanDerStok, a majority of the U.S. Supreme Court ruled that the Gun Control Act applies to untraceable "ghost gun" kits under certain circumstances — but companies that produce these kits may still be able to use creative regulatory workarounds to evade government oversight, says Samuel Bassett at Minton Bassett.
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Justices' Labcorp Questions Explore Class Cert. Tensions
At the recent oral argument before the U.S. Supreme Court in Laboratory Corporation of America Holdings v. Davis, the justices' questioning highlighted a fundamental tension between constitutional standing requirements, the procedural framework of Rule 23, and the practical challenges of managing large, diverse classes in complex litigation, say attorneys at Winston & Strawn.
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4 Ways To Leverage A Jury's Underdog Perceptions
Counsel should consider how common factors that speak to their client's size, power, past challenges and alignment with jurors can be presented to try and paint their client as a sympathetic underdog, says Ken Broda-Bahm at Persuasion Strategies.
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Why Hiring Former Jurors As Consultants Can Be Risky
The defense team's decision to hire former juror Victoria George in the high-profile retrial of Karen Read shines a spotlight on this controversial strategy, which raises important legal, ethical and tactical questions despite not being explicitly prohibited, says Nikoleta Despodova at ND Litigation.
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What To Watch For As High Court Mulls NRC's Powers
If successful, Texas’ challenges to the U.S. Nuclear Regulatory Commission’s authority — recently heard by the U.S. Supreme Court and currently pending before a Texas federal court — may have serious adverse consequences for aspiring NRC licensees, including potential nuclear power plant operators, say attorneys at Haynes Boone.